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AG raids district attorney’s office in Silver City

ALBUQUERQUE - New Mexico Attorney General agents have raided the office of a southwestern New Mexico district attorney who is facing calls to resign after a suspected DWI traffic stop that critics say she was allowed to leave after officers failed to

AG raids district attorney’s office in Silver City

SILVER CITY - The New Mexico Attorney General’s Office executed a search warrant at the office of the Sixth Judicial District Attorney, Francesca Martinez-Estevez, on Tuesday in Silver City. Agents seized documents and a state car that is driven by Martinez-Estevez in connection with a traffic stop on June 11, 2016.

“I can confirm that the Office of the Attorney General has executed warrants at the Sixth Judicial District Attorney’s Office in Grant County,” James Hallinan, the communications director for the attorney general's office, said. “This is an ongoing investigation based on a public referral.”

According to an affidavit for a search warrant, the items to be searched and seized included all documents related to defensive driving training and certification for Martinez-Estevez; policies and procedures regarding use of state vehicles as they relate to public officers; All policies and procedures regarding use of state vehicles specific to the Sixth Judicial District Attorney’s Office; All records of waivers for any policy or procedure regarding the use of state vehicle submitted or approved by Martinez-Estevez for a blue 2015 Dodge Charger; All records of vehicle use agreements entered into by Martinez-Estevez and or the Sixth Judicial District Attorney’s Office; All records regarding the purchase, ownership and authorized usage of the 2015 Dodge Charger; All mileage and use records for the Charger; All records related to GPS monitoring of the Charger; All inspection records regarding the Charger; All reports of and documents related to damage, maintenance, repair and replacement parts for the Charger; All records related to any payments, reimbursements, disbursements and or fees regarding damage, maintenance, repairs and or replacement parts on the Charger; and All records of fuel purchases and consumption regarding the Charger.

The investigation stems from an incident that involved Martinez-Estevez as she was traveling from Cliff to Silver City on June 11, 2016. As Martinez-Estevez was driving toward Silver City, Ricky Ridder contacted central dispatch to report a blue Dodge Charger swerving across the roadway and into oncoming traffic.

Ridder recorded a portion of the event using a cell phone camera. The video lasts approximately five minutes and shows Ridder following a blue Dodge Charger. During the video, the Charger is seen driving erratically and crossing the center line several times, sometimes at speeds of about 70 miles per hour.

Martinez-Estevez, driving the Charger, eventually pulled over in front of the Office of Sustainability (1106 N. Pope Street) in Silver City where Silver City Police officers stopped behind her. Several officers including a New Mexico State Police Officer had contact with Martinez-Estevez during the incident and determined that Martinez-Estevez had a flat tire. After the tire was changed, Martinez Estevez was allowed to leave. Martinez-Estevez told officers that she was on her way to take soup to a friend.

The Attorney General’s Office is investigating whether Martinez-Estevez violated a policy concerning state vehicle use. The policy states drivers can use state vehicles "to and from home and work in an assigned vehicle … for official business locally and out of town."

The Administrative Office of District Attorneys policy does allow for De Minimis use of a state vehicle which it defines as “The occasional use of a state vehicle which is not for official business, but which is allowed as long as it is kept to a minimum and is generally along the route of an employee who is commuting to and from work or home in an assigned vehicle and is incidental to the authorized purpose of the trip such as a stop for a personal errand on the way between a business-related duty and the employee’s home."

The New Mexico Attorney General’s Office received a request from a member of the public asking the incident be investigated. Subsequently an investigation was initiated and the affadavit stated, "in September of 2016 SAs Kohler and Park surveyed the area and collected evidence where the incident occurred."

The Attorney General’s Office claims probable cause exists that Martinez-Estevez recklessly drove a state vehicle, failed to provide immediate notice of an accident, and acted in violation of the New Mexico Governmental Conduct Act, which requires a public officer to, among other things, treat their governmental position as a public trust, use the powers and resources of public office only to advance the public interest and not to obtain personal benefits or pursue private interests, conduct themselves in a manner that justifies the confidence placed in them by the people while at all times maintaining the integrity and discharging ethically the high responsibilities of public service, and avoid undue influence and abuse of office in public service.

Lapel video captured one local officer describing Martinez-Estevez as "loaded," but police didn't give her a field sobriety test or citation during the traffic stop. In addition, the video of the traffic stop showed her stumbling during her conversation with officers.

The video also shows Martinez-Estevez giving herself a practice sobriety test and losing her balance walking heel to toe in a straight line. Silver City police reports describe her as having slurred speech and difficulty handling her iPhone.

"Throughout (Martinez-Estevez's) contact with the police her gestures and mannerisms often appeared exaggerated," the Attorney General affidavit for the search warrant said. "She often appeared confused or unable to complete tasks such as manipulating or locating a number in her phone."

But the two Silver City officers didn't conduct field sobriety tests on Martinez-Estevez and let her go. A New Mexico State Police officer also arrived on scene.

Officers say she nearly ran into an officer's car and another curb as she drove off.

Martinez-Estevez’s attorney Jim Foy held a press release shortly thereafter. "Mrs. Estevez wasn't impaired. Her driving that way was the cause of a mechanical difficulty with the vehicle. She had a flat tire."

Foy added, "She felt as if she was being tailgated and she was. She pulled over on the shoulder hoping that the man would pass her and he did not. Remember, she was out in the middle of nowhere and being tailgated, of course she was going to be a little skittish. She even pulled off for a few seconds to let the man get around her and he stayed right behind her."

Foy added that Martinez-Estevez was ordered to drive the state car, and that's why she was in it. As to her doing the nine step walk and turn (field sobriety test), she was talking on the phone and was not only doing that but pacing and also playing with the pavement with her feet while she was on the phone.

The Silver City Police Department conducted its own internal investigation and officers were disciplined in the incident. New Mexico State Police also investigated the incident and disciplined its officer.